The purpose of this rulemaking is to remove the elements of and references to the Dover Plant City Water Use Caution Area Recovery Strategy. This rulemaking will also make certain editorial corrections.

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-8.626Minimum Aquifer Levels

PURPOSE AND EFFECT: The purpose of this rulemaking is to remove the elements of and references to the Dover Plant City Water Use Caution Area Recovery Strategy. This rulemaking will also make certain editorial corrections.

SUMMARY: Chapter 40D-80, F.A.C. requires reassessment of the Dover Plant City Water Use Caution Area Recovery Strategy if the objectives to establish and achieve the MAL and to reduce cold-protection withdrawals by 20 percent compared to the freeze event that occurred in 2010 were not accomplished by January 2020. A recent staff assessment determined that the MAL has been achieved and that, while there have been reductions in cold-protection quantities used since 2010, the specified 20 percent reduction has not been fully achieved. A reassessment of the Recovery Strategy was completed, with the conclusion that the objective to reduce cold-protection use by 20% based on the 2010 event was impractical and unreasonable. Based on the MAL being achieved and the recommendation to eliminate the objective to reduce the January 2010 cold-protection quantities by 20 percent, a Recovery Strategy is not necessary. This rulemaking will remove elements of the Recovery Strategy, and make certain editorial corrections to the rule. Rule 40D-80.075 is being repealed contemporaneously with this rulemaking.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District conducted an economic review of the revisions to the rule and determined that the impact or regulatory cost, if any, of the revisions will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S. Regarding the “adverse impact to small business” threshold for requiring the development of a SERC, it is not anticipated that the rule revisions will have an adverse impact on small businesses and will not require the development of a SERC on this basis. Regarding the “$200,000 increase in regulatory costs within one year of implementation” threshold for requiring the development of a SERC, the proposed rule revisions are not expected to lead to increased transactional costs to existing permittees, new applicants, or those seeking to revise existing Water Use Permits within 1 year of implementation. Therefore, the development of a SERC is not required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171 FS.

LAW IMPLEMENTED: 373.036, 373.042, 373.0421, 373.709 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adrienne Vining, Assistant General Counsel, SWFWMD, 7601 U.S. Highway 301 North, Tampa, Florida 33637, [phone] ext. 4668

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-8.626 Minimum Aquifer Levels.

(1) through (2), No change.

(3) Dover/Plant City Water Use Caution Area Minimum Aquifer Level.

(a) The District has determined that groundwater ground water withdrawals in the Dover/Plant City area have contributed to water level declines that are significantly harmful to the water resources of the area. The Minimum Aquifer Level is established as part of a comprehensive management program intended to arrest water level declines during frost/freeze events to minimize the potential for impacts to existing legal uses and sinkhole occurrence.

(b) No change.

(c) The Minimum Aquifer Level at DV-1 Suwannee is affected by local and regional groundwater withdrawals. To In order to address the effects of local and regional groundwater withdrawals and the variable hydrogeologic factors within the region, a Minimum Aquifer Level Protection Zone is established. The Minimum Aquifer Level Protection Zone is the area within the 30 ft. drawdown contour that resulted from the January 2010 frost/freeze event, as shown in Figure 8-4. The digital description of the geographic area is available from the District as ArcGIS Geographic Information System feature class MinimumAquiferLevelProtectionZone.

(d) Compliance with the Minimum Aquifer Level is evaluated annually using a groundwater ground water flow model simulation of a frost/freeze event and the effects of the event on aquifer water levels the permitted groundwater frost/freeze withdrawals in the Dover/Plant City Water Use Caution Area WUCA. Based on an annual simulation, if If the resulting potentiometric level is at or above 10 ft. (NGVD 29) at District Well well DV-1 Suwannee, compliance with the Minimum Aquifer Level is met achieved. If the resulting level is below 10 ft. (NGVD (1929) at District Well well DV-1 Suwannee, compliance with the Minimum Aquifer Level is not met achieved. Once the Minimum Aquifer Level is achieved based on the annual simulation, if the actual potentiometric level falls below the Minimum Aquifer Level during a frost/freeze event, the District shall investigate the cause, re-evaluate the Minimum Aquifer Level and determine the appropriate recovery strategy.

Figure 8-4. Minimum Aquifer Level District Well Site DV-1 Suwannee and Minimum Aquifer Level Protection Zone

Figure 8-4, No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421, 373.709 FS. History–New 8-7-00, Amended 1-1-07, 6-16-11, __.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Southwest Florida Water Management District

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 24, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 21, 2021